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HI HB1009

Bill

Status

Passed

7/7/2021

Primary Sponsor

Scott Saiki

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

  • Amends Section 183-5 to increase administrative fines for violations of forest reserve laws: $2,500 for first violation, $5,000 for second violation within five years, and $10,000 for third or subsequent violations within five years.

  • Sets additional fines up to $10,000 or three times the market value (whichever is greater) per tree for violations of Section 183-17 involving destruction, damage, or harvesting of trees larger than six inches in diameter, plus costs for habitat restoration and natural resource damages.

  • Establishes traffic infraction penalties for violations of vehicular parking or traffic movement rules: $100 for first violation, $200 for second violation, and $500 for third or subsequent violation, with State precluded from pursuing further civil action after traffic infraction adjudication.

  • Amends Section 183-18 to establish criminal penalties for violations as petty misdemeanor offenses: mandatory minimum $100 fine or 30 days imprisonment for first offense; $500 minimum for second offense within five years; and $1,000 minimum for third or subsequent offenses within five years.

  • Clarifies that criminal prosecution does not preclude civil legal action to recover administrative fines and costs, and vice versa; repeals the general penalty provision in Section 183-4; exempts Native Hawaiian gathering rights and traditional cultural practices from penalties.

Legislative Description

Relating To Certain Penalties For Violations Of Subtitle 4 Of Title 12, Hawaii Revised Statutes.

Penalties

Last Action

Act 193, on 07/06/2021 (Gov. Msg. No. 1321).

7/7/2021

Committee Referrals

Judiciary3/25/2021
Water and Land3/9/2021
Finance2/18/2021
Judiciary & Hawaiian Affairs1/29/2021

Full Bill Text

No bill text available